People v. Chmielewski, 26620

26620 | Colo. | Jan 6, 1975

529 P.2d 1337" court="Colo." date_filed="1975-01-06" href="https://app.midpage.ai/document/people-v-chmielewski-1172382?utm_source=webapp" opinion_id="1172382">529 P.2d 1337 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant,
v.
Edward J. CHMIELEWSKI, Defendant-Appellee.

No. 26620.

Supreme Court of Colorado, En Banc.

January 6, 1975.

J. E. Losavio, Jr., Dist. Atty., James R. Gmelin, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

No appearance for defendant-appellee.

PER CURIAM.

This appeal by the District Attorney of Pueblo County stems from a ruling of the district court setting aside a verdict of guilty returned by a jury.

Not a single question of law is raised by the brief for the People. The action of the court was grounded on a finding of insufficient identity of goods allegedly the subject of a theft charge against the defendant. The prosecution would have us review this ruling in spite of Colo.Sess. Laws 1972, ch. 44, XX-XX-XXX at 253, which permits the prosecution to appeal on only questions of law.

The appeal is dismissed.